Religious order expansion can go forward in Marengo
U.S. Magistrate Judge Iain Johnston ruled last week that the McHenry County Board's denial of a proposal from Fraternite Notre Dame to construct a boarding school, brewery, winery and gift shop near Marengo violated federal law.
Therefore, the judge found that the necessary remedy would be to grant the necessary approvals to move the project forward.
The religious group filed a federal lawsuit alleging religious discrimination against the county in 2015 after officials barred its request for a conditional use permit to carry out the expansion plans at 10002 Harmony Hill Road, south of Marengo and Union. The proposed agreement states that the county imposed a "substantial burden" on the organization's religious exercise.
Under the Religious Land Use and Institutionalized Persons Act, a government cannot impose a substantial land use burden that obstructs the free exercise of a religion without a compelling government interest and without trying less restrictive measures.
The proposed gift shop would have a maximum footprint of 5,000 square feet for the sale of pastries, religious and inspirational articles, and on-premise produced wine or beer. Tasting of any on-premise produced beer or wine would occur at the gift shop only after obtaining the proper local and state liquor licenses.
The boarding school would have a maximum enrollment of 80 students. The building shall be approved to be three stories, a maximum of 50 feet high and with a total footprint not to exceed 28,000 square feet.
According to the consent decree, Fraternite Notre Dame agrees that it will not request permission to construct or operate a nursing home on the site for a period of three years from the date of entry.
A public hearing was held in October to give members of the public the chance to speak for or against the project.
Some speakers voiced concerns about allowing consumption of alcohol on the property, but proponents argued that the clubhouse of a nearby golf course serves alcohol from a fully-stocked bar and has video gambling.
Attendees also voiced concerns about the amount of open space but a consent decree requires Fraternite Notre Dame to keep 60% of the property as undeveloped open space.
Fraternite Notre Dame was founded in 1977 by French Bishop Jean Marie, who claims that he received divine inspiration from the Virgin Mary to help the disadvantaged. The order identifies as Catholic, but it is not recognized by the Vatican.